UNITED STATES v. 20 STRINGS SEED PEARLS


34 F.2d 142 (1929)

UNITED STATES v. 20 STRINGS SEED PEARLS, etc.

District Court, S. D. New York.

July 3, 1929.


Attorney(s) appearing for the Case

David P. Siegel, of New York City, for the motion.

Leon E. Spencer, of New York City, opposed.


L. HAND, Circuit Judge.

The claimant moves for decree upon libel and answer. His theory is that the defense is good against both causes of forfeiture, one, under section 497 of the Tariff Act of 1922, the other, under section 593(b), 19 USCA §§ 369, 497. He seems to suppose that on such a motion the allegations of the answer must be taken as true. But this is obviously not the case, unless I can take judicial notice of matters of record on file in this court...

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